Michigan Premises Liability Claims: What You Need To Know
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In Michigan, a premises liability claim is a legal action taken by someone injured on another person’s property due to the property owner’s failure to make the property safe or to warn of potential dangers. If you’ve been hurt on someone else’s property, a skilled personal injury lawyer who specializes in this area of law can help you determine who is at fault and secure the pain and suffering and economic damages you are legally entitled to.
The dedicated team at Michigan Slip & Fall Lawyers, led by Attorney Tim Holland, specializes exclusively in these types of personal injury cases. They have a proven track record of securing multimillion-dollar settlements and verdicts. With a client-focused approach, they ensure your legal rights are protected and work diligently to get you the full compensation you deserve.
What is a premises liability claim in Michigan?
In Michigan, a premises liability claim is a legal action taken by someone injured due to a dangerous condition on another person’s property. The injured party seeks compensation from the property owner for failing to make the property safe or to warn of dangerous conditions that visitors did not know about.
Under state law, property owners are obligated to keep their property in a reasonably safe condition and inform visitors of any known dangers. If a property owner neglects this duty, they may be held liable for resulting injuries. The most common cases involve slip and fall and trip and fall accidents.
In Michigan, a lawsuit must be filed within three (3) years of the injury. Failing to file within this timeframe could result in losing your right to seek compensation.
Common types of premises liability claims in Michigan
- Falls – Falls are the most frequent type of premises liability claim in Michigan. Dangerous conditions that can lead to a fall include: (1) Spilled liquids or food on the floor, (2) Ice and snow on walkways and driveways and in parking lots, (3) Cracked or broken floors, sidewalks, or pavements, (4) Defective stairs or railings, (5) Hidden cords, such as extension cords, and (6) Unsecured rugs or carpets.
- Negligent Security – Property owners may have a duty to provide security, particularly if criminal activity or other violent events have occurred on their property.
- Animals That Pose A Danger To Visitors – Even animals who typically seem friendly can pose a danger. Pet owners are usually required to restrain their animals or warn visitors if the animal may act aggressively, especially if there’s a history of such behavior.
How much do premises liability claims payout in Michigan?
The value of a settlement varies depending on several factors, including the severity of your injuries, the strength of the evidence, whether fault is clear or if there are strong defense arguments to contest fault, your attorney’s reputation, and the insurance policy limits and potential assets of the property owners.
How to file a premises liability claim in Michigan?
To file a successful premises liability claim in Michigan, you should follow these key steps:
- Hire a qualified attorney – A skilled lawyer will ensure your case is fully investigated, built and filed within the required deadlines, maximizing your chances of receiving a full and fair settlement.
- Gather evidence and send preservation notices – Your attorney will collect evidence, such as surveillance footage, photos, witness statements, and incident reports. They will also send notices to the property owner to preserve evidence that could be crucial to your case.
- Conduct discovery – Your attorney will gather more evidence by deposing witnesses, including property owners and managers, further strengthening your case.
- File your case – Your lawsuit will be filed in the jurisdiction where the injury occurred.
What are the elements in a case?
To prevail in a lawsuit you must prove the following elements:
- A dangerous condition existed on the property where the injury occurred, such as snow and ice, broken steps, or slippery substances
- The property owner was negligent, meaning he or she failed in their duty to make the property safe or to warn visitors of dangerous conditions that they do not know about. (M Civ JI 19.01; M Civ JI 19.03); Stitt v. Holland)
- You sustained an injury as a result of the property owner breaching the duty of care that he or she owed to you.
In Michigan, the level of care owed by the property owner depends on your status as an invitee, licensee, or trespasser:
- Invitee – Someone on the property for the owner’s commercial benefit, such as a customer in a store. (M Civ JI 19.01). Property owners have a duty to not only warn of known dangers but also to ensure the property is safe. Stitt v. Holland Abundant Life Fellowship, 462 Mich. 591, 597 (2000)
- Licensee – Someone allowed on the property for reasons other than business, such as a social guest. (M Civ JI 19.01). Property owners must warn licensees of any hidden dangers they are aware of.
- Trespasser: A person on the property without permission. Property owners only owe a duty to refrain from willfully or recklessly harming trespassers.
Do I need a lawyer to file a lawsuit?
In Michigan, while you aren’t legally required to hire an attorney for a premises liability claim, doing so can significantly increase your chances of success. A seasoned lawyer can handle all the legal complexities, such as gathering crucial evidence, negotiating with insurance companies, and filing the necessary paperwork, allowing you to focus on your recovery.
Acting quickly is critical in these types of cases. A lawyer can help preserve evidence before it’s altered or destroyed, which is particularly important in cases involving hazardous conditions. The sooner you get legal help, the better your chances of winning your case.
Research has shown that individuals who hire experienced attorneys typically receive higher settlements and resolve their cases faster than those who don’t.
Best of all, lawyers usually work on a contingency fee basis, meaning they don’t get paid unless you win your case.
Why do I need a lawyer?
Hiring an attorney as soon as possible after a premises liability accident in Michigan can significantly improve your chances of holding negligent property owners accountable in your claim. This is especially important because early legal action can make a difference in preserving evidence and meeting deadlines.
Attorney Tim Holland is one of the most experienced and accomplished slip and fall lawyers in the state, with a proven track record of success. He has handled over 200 cases, helping clients receive the pain and suffering and economic compensation they deserve.
How To Find The Best Premises Liability Lawyer In Michigan For My Claim?
Ask the following questions when seeking an attorney:
- What is your experience with these types of cases?
- How many cases have you handled that are similar to mine?
- What is your success rate in settling or winning cases?
- Do you offer a contingency fee arrangement?
- How will you communicate with me throughout the case?
Injured on someone’s property in Michigan and need help with your premises liability claim? Call our attorneys now for a free consultation!
If you were injured on someone’s property in Michigan and need help with your premises liability claim, call now and let the experienced attorneys at our law firm provide the support you need. With a proven track record of securing top settlements for victims, we’ll give you the peace of mind you deserve while working to get you the compensation needed to help rebuild your life.
We pride ourselves on offering every client personalized care, compassion and respect. Clear communication is a cornerstone of our practice, and we promise to always be available for you. You can count on us to return your calls, respond to your emails, and answer any questions you may have.
To speak with an experienced attorney about your case, call us today or fill out our contact form for a free, no-obligation consultation. We’ll guide you through Michigan’s slip and fall laws and help you understand your options. There’s absolutely no cost or obligation. We’re here to support you every step of the way.
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Get help from our Michigan slip and fall lawyers today
You do not have to go it alone after your slip and fall accident. Let the experience attorney Tim Holland and the lawyers at Michigan Slip and fall have on slip and fall cases along with their track record of getting the highest settlement amounts possible for their victims give you peace of mind, while they help to pick you back up and get you the compensation that you need and deserve to start rebuilding your life.
We pride ourselves on treating every client with care, compassion, and respect. We pride ourselves on communication and we will always be there when you need us. We will ALWAYS return your calls and emails and answer your questions.
To speak with an experienced slip and fall accident attorney about your injury, call us now, or fill out our contact form for a free consultation.
We will help you understand Michigan’s slip and fall law and answer all of your questions about how we can make the law work for you. There is absolutely no cost or obligation. We’re here for you now.
Meet Our Attorney
Tim Holland is arguably Michigan’s most experienced and successful slip and fall lawyer. You can read more about Tim Holland’s experience and success here.
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